Appellate and Critical Motions

Winston & Strawn’s Appellate and Critical Motions Practice provides its clients with sophisticated appellate advocacy and analysis—beginning before trial and continuing to the U.S. Supreme Court. This group was formed in 2005, organized around appellate attorneys in our Washington, D.C. and Chicago offices. Since then, the group has assembled a remarkable collection of talent from both inside and outside the firm, with members in all of our domestic offices. The practice has quickly “achieved prominence in Supreme Court practice and in bet-the-company cases,” according to The National Law Journal, which named the firm’s appellate practice to its “Appellate Hot List” in 2009 and 2010.

"The appellate and critical motions practice group has attained a position of prominence in high-stakes appellate cases."

- National Law Journal

We pride ourselves on providing a highly effective “interface” between the business community and the courts, and particularly the U.S. Supreme Court. In the short time since its inception, members of our appellate group have argued five cases before the U.S. Supreme Court and submitted briefs in dozens more, including in several of the most high-profile cases on the Court’s docket. Our attorneys—many of whom served as law clerks either at the Supreme Court or in other prestigious appellate courts—have collectively argued cases in all of the federal courts of appeals, as well as in state supreme and appellate courts across the country. Clients seek out Winston appellate lawyers for their clear and persuasive briefs, their strong oral advocacy, their extensive experience in many of our nation’s most influential appellate courts, their sensitivity to clients’ cost concerns, and their collegial approach to working with clients and other lawyers.

Great appellate work begins at the trial level. Our appellate attorneys often work with trial teams to lay the groundwork for future appeals. They partner with trial counsel to ensure that the critical motions filed before and after trial are prepared with an eye toward protecting favorable judgments, while enhancing the probability that unfavorable judgments will be reversed. Because of this early integration with Winston trial teams, our appellate attorneys have an intimate knowledge of these cases and can move quickly when a critical motion or appeal is required. The firm’s appellate group also routinely consults with clients and trial counsel on significant legal issues before and during trial, ranging from jurisdictional and venue issues to the admissibility of expert evidence to the development of a strategy on claims for punitive damages. Our attorneys are also are skilled at obtaining interlocutory review and will vigorously seek such relief when necessary. In short, our appellate attorneys work, and excel, in the trenches of trial. 

Finally, our attorneys also rescue clients from surprise jury verdicts and trial court decisions by taking over cases immediately after trial. They file and argue post-trial motions and appeals. And they negotiate favorable settlements.

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